Am I Eligible for Expungement in Indiana?

When you’re thinking about clearing your criminal record, the first and most important question is: Am I eligible? The good news is that Indiana has one of the most comprehensive expungement laws in the country, often referred to as the “Second Chance Law.” While not everyone qualifies, many more people are eligible than they think.

Who May Qualify

Indiana law gives a second chance to people who have completed their sentences and stayed out of trouble for a set amount of time. Here are the most common categories:

• Arrests or Charges That Didn’t Lead to Conviction

  If you were arrested but never convicted, or if your charges were dismissed, you can usually petition to have those records expunged right away.

• Misdemeanors

  Most misdemeanors are eligible after a five-year waiting period from the date your sentence was completed. That means no new charges or convictions during that time, and all court costs, fines, or probation requirements must be fully satisfied.

• Lower-Level Felonies (Not Involving Violence)

  Certain Class D or Level 6 felonies (Indiana’s lower felony categories) may qualify after an eight-year waiting period. These cases often include non-violent property or drug offenses.

• Higher-Level Felonies

  Some more serious felonies can still be expunged, but they usually come with stricter requirements and require the approval of the prosecutor. These cases may involve a longer waiting period, up to ten years or more, and eligibility depends heavily on the details of your record.

  
  

Why Eligibility Matters

Understanding these rules is your first step toward taking action. Even if you have more than one conviction, Indiana law may allow you to file for expungement of your entire record in a single petition, as long as you meet the waiting periods and requirements. The process is strict, and if your petition is denied, you may lose the chance to try again. It’s critical to make sure you’re eligible before filing.

Next Steps

If you believe you may qualify, the smartest move is to speak with an experienced Indiana expungement attorney. A lawyer can review your history, confirm your eligibility, and guide you through the filing process to maximize your chances of success.

Your past doesn’t have to define your future. Indiana’s expungement law exists to give people like you a second chance, don’t miss the opportunity to claim yours.